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(영문) 광주지방법원목포지원 2015.11.26 2014가합13360
보험에관한 소송
Text

1. It is confirmed that each insurance contract entered into between the Plaintiff and the Defendant B is null and void respectively.

2...

Reasons

1. Basic facts

A. On March 22, 2011, Defendant A: (a) concluded an insurance contract between the Plaintiff and the insured on March 22, 201; (b) on March 26, 201, between the insured and the beneficiaries of the insurance contract; and (c) concluded an insurance contract listed in the [Attachment 1] Nos. 1 with the content of receiving a hospital allowance in the event that the insured is hospitalized due to an injury or disease; and (d) concluded an insurance contract listed in the [Attachment 1] Nos. 2 with the aforementioned content on March 26, 2010 (hereinafter collectively referred to as “each of the instant insurance contracts”; and (b) changed the contractual parties of each of the instant insurance contracts and the beneficiaries of the deceased non-life insurance contracts into Defendant B, each of whom was the beneficiaries

B. From December 2, 2010 to December 15, 2010, Defendant A received hospital hospitalization for 14 days on the ground of salt base, as shown in the attached Table 2, from 21 to November 27, 2014, on a total of 25 days, as shown in the attached Table 2, Defendant A received hospital hospitalization for 25 days. The Defendants received from the Plaintiff the total sum of KRW 9,670,00 (Defendant A5,840,000, Defendant B3,830,000) for each of the above-mentioned hospitalization charges.

C. Meanwhile, before and after the conclusion of each of the instant insurance contracts, the insurance contracts entered into between the Defendants and the insurance companies including the Plaintiff as the insured, and the insurance premiums paid and the insurance proceeds paid accordingly are as follows.

The table: The part indicated as “0” in the details of the insurance contract concluded by Defendant A as the insured and the “insurance money” column is the part where the relevant details are not nonexistent or where the evidence submitted up to the present time alone is not confirmed.

Meanwhile, according to the above evidence, the defendant A was entitled to receive more amount of daily allowances for hospitalization than that set forth in the column of "daily allowances for hospitalization" if he/she is hospitalized into a specific disease according to a certain special agreement among the above insurance contracts.

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